Terms Used In Montana Code > Title 70 > Chapter 6 - Bailment -- Deposit

• Commercially reasonable sale: means a sale that:

  (a)is conducted at the self-storage facility, offsite at another location, or on a publicly accessible website that conducts lien sales; and

  (b)is attended or viewed by at least three persons who appear personally or online, by telephone, or by any other method. See Montana Code 70-6-602

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Default: means the failure to timely perform an obligation or duty set forth in a rental agreement or this part. See Montana Code 70-6-602
• Electronic mail: means an electronic message or an executable program or computer file that contains an image that is transmitted between two or more computers or electronic terminals. See Montana Code 70-6-602
• Emergency: means a sudden, unexpected occurrence or circumstance at or near a self-storage facility that requires immediate action to avoid injury to persons or property at or near the self-storage facility. See Montana Code 70-6-602
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Last-known address: means the postal address or electronic mail address provided in a rental agreement or the postal address or electronic mail address provided by the renter through subsequent written notice of a change of address. See Montana Code 70-6-602
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Leased space: means the individual storage space at a self-storage facility that is rented to a renter pursuant to a rental agreement. See Montana Code 70-6-602
• Lien: A claim against real or personal property in satisfaction of a debt.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operator: means the owner, operator, lessor, or sublessor of a self-storage facility or an agent or another person authorized to manage the facility or to receive rent from a renter under a rental agreement. See Montana Code 70-6-602
• Personal property: means movable property not affixed to land. See Montana Code 70-6-602
• Property: means real and personal property. See Montana Code 1-1-205
• Property that has no commercial value: means property offered for sale in a commercially reasonable sale that receives no bid or offer. See Montana Code 70-6-602
• Rental agreement: means a written agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a leased space at a self-storage facility. See Montana Code 70-6-602
• Renter: means a person entitled to the use of a leased space at a self-storage facility under a rental agreement or the person's successors or assigns. See Montana Code 70-6-602
• Self-storage facility: means real property consisting of individual storage spaces in which a renter customarily stores and removes personal property on a self-service basis. See Montana Code 70-6-602
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
• Verified mail: means :

  (a)a method of mailing that is offered by the United States postal service or private delivery service and provides evidence of mailing; or

  (b)a method of mailing that is accompanied by a certificate of mailing executed by the individual who caused the notice to be mailed. See Montana Code 70-6-602

• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
• Writing: includes printing. See Montana Code 1-1-203